ELECTION LAWS Election Process divided into 3 stages: A. Pre-election B. During election C. Post Election A.

Pre-Election Stage Activities 1. Registration of Voters 2. Accreditation of Political Parties 3. Filing of Certificate of Candidacy 1. Registration of Voters

Q: Who may register? A: Only those who are qualified. Qualifications (AV, S1) 1. Citizens of the Philippines 2. Not otherwise disqualified by law 3. At least 18 years of age 4. Resident of the Philippines for at least 1 year immediately preceding the election 5. Resident of the place where they seek to vote for at least 6 months immediately preceding the election Q: Is registration a violation or an infringement of the constitutional guarantee? A: No. Registration is merely a condition sine qua non for the exercise of the right to vote. It is merely an exercise of States regulatory power. Q: Is the voting or registering mandatory? A: No. It is not AV, S1 says that: Suffrage may be exercised by all citizens Thus, S4 of OEC which says that it is an obligation to vote and register, without justifiable cause and S261 of the same which makes it an offense the failure to register and failure to vote can already be considered unconstitutional. Note that the aforesaid sections were promulgated under the Martial Law, where people do not vote or register as a sign of protest to the dictatorship. Q: Is there an exception to the residence qualification? A: Yes. RA 9189 - Absentee Voters Act of 2003 (Macalintal v. COMELEC) Filipino citizens abroad may be allowed to vote provided that they execute and affidavit that within 3 years from registration, they will return to the Philippines and resume their residency. This is in recognition of their tremendous contribution to the economy. Absentee voters are allowed to vote for: (a) President; (b) Vice-President; (c) Senators; and, (d) Party list Representatives. 2. Accreditation of Political Parties

*Registration vests personality to a political party.* COMELEC has the power and authority to register political parties. AIX-C, S2(5): The COMELEC shall exercise the following powers and functions: xxx Register after sufficient publication, political parties, organizations, coalitions, in which in addition to other requirements, must present their platform or programs for the government and accredit citizens arms of the COMELEC. Parties and Associations which cannot be registered.

AIX-C, S2(5), 2nd sentence a. Religious denominations and sects b. Those which seek to achieve their goals through violence or unlawful means c. Those which refuse to uphold the Constitution d. Those which are supported by any foreign government Correlate d with S81, OEC: Intervention of Foreigners it shall be unlawful for any foreigners, whether judicial (juridical) or natural person, to aid any candidate or political party, directly or indirectly, or to take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity. Accepting contribution from foreign governments constitutes disqualification for a political party. Contributing itself is an election offense for a foreigner.

3. Filing Certificate of Candidacy

Candidate is a person who is eligible for a public office and who files a sworn certificate of candidacy within the period specified. Certificate of Candidacy No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein. A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath. No person shall be eligible for more than 1 office to be filled in the same election, and if he files his certificate of candidacy for more than 1 office, he shall not be eligible for any of them. However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than 1 certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred. Election Period the period embracing 90 days before the election day and 30 days after the election day. For 120 days. Election period itself does not end after the election day itself. Importance of Knowing: Ban on Projects and Appointments Campaign Period depends on what position is involved. Campaign period ends on the day before the election. For Presidential candidates, the campaign period starts after the day of filing of the certificate of the candidacy. Election Campaign or Partisan Political Activity refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include: (1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate; (2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate; (3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; (4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or (5) Directly or indirectly soliciting votes, pledges or support for or against a candidate. *Correlate with S80, OEC which provides that: Election campaign or partisan political activity outside campaign period It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or

partisan political activity except during the campaign period: Provided, That political parties may hold political conventions or meetings to nominate their official candidates within 30 days before the commencement of the campaign period and 45 days for Presidential and Vice-Presidential election. GR: It is an election offense to campaign outside the campaign period. Except: Political parties may hold conventions for the nomination of their candidates. Q: Does Pichays as itanim sa senado even before the elections and campaign period violate S80 of the OEC? A: No. At that time, Pichay has not yet filed his certificate of candidacy. He is not yet a candidate within the meaning of the law. Therefore, it cannot be considered as an election campaign. Loophole in the Election Law A person is not considered a candidate unless he files a certificate of candidacy. Thus, he can promote or advertise himself without violating the election laws because he is not yet a candidate, and his act would not fall into the purview of what is prohibited act under the election law. ** It is a MINISTERIAL DUTY of the Commission, provincial, election supervisor, election registrar or officer designated by COMELEC or the Board of the Election Inspectors (BOEI) to receive and acknowledge receipt of the certificate of candidacy as long as it is complete and regular on its face. (S76, OEC) Note: The officer in charge of accepting certificate of candidacy does not have the authority to determine the qualifications of the candidates. A proper disqualification case should be filed with a tribunal of competent jurisdiction. Q: Ka Roger went to Laguna to file COC. The election officer refused because he seeks to achieve goals through violence. Valid? A: No. It is the ministerial duty on the part of the election official to receive and acknowledge receipt of the certificate of candidacy. The question of whether or not a person is disqualified belongs to another tribunal in an appropriate disqualification case. Q: Who is a CANDIDATE? A: 1. 2. A person who filed within the prescribed period He should only file for 1 position If he should withdraw his candidacy, he should file a written declaration under oath withdrawing his certificate of candidacy

3.

Q: Can you withdraw the certificate of candidacy? A: Yes. A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath. (S73, 2nd sentence, OEC) Monsale v. Nico. On March 30, the candidate filed his certificate of candidacy (CEC). On March 31, the last day of filing, he withdrew his candidacy. On April 2, he wanted to run again so he filed a written declaration withdrawing his withdrawal. Is he still qualified to run? SC: He can no longer run. The withdrawal of the withdrawal of the certificate of candidacy made after the last day of filing is considered as filing of a new certificate of candidacy. Hence, it was not allowed since it was filed out of time. PNOC-EDC v. NLRC. An appointive employee of PNOC filed a CEC. He lost the election. Can he still occupy his position after the election? SC: He can no longer occupy the position. The OEC does not distinguish between employees of GOCCs which have original charters and those that do not have one. Candidates holding appointive office or position Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in the government-owned or

controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (S66, OEC) Q: X, a municipal treasurer filed a certificate of candidacy for governor. What is the effect? A: He is considered ipso facto resigned. Q: Is there a need to resign? A: NO! The appointive official is ipso facto resigned. Ipso facto means no need to resign. Q: What if after filing, the appointive official withdrew his certificate of candidacy. Can he be reinstated to his former position? A: No! What matters is the moment of filing. What happens after that is of no moment. Q: What about Elective Officials? A: S67, OEC has already been repealed by the Fair Election Act (RA 9006) and COMELEC Resolution 7767 (30 Nov 2006), which states that Any elective official, whether national or local, who has filed a certificate of candidacy for the same or other office shall not be considered resigned from his office. Farias v. Executive Secretary. The provision of the Fair Election Act (RA 9006) to the extent that it repealed S67, OEC is constitutional. Q: Vice-governor filed a certificate of candidacy for governor. What is the effect? A: He is NOT ipso facto considered resigned. S67 OEC has been repealed by the Fair Election Act (RA 9006). Any elective official, national or local shall not be considered as resigned from their elective office. Substitution of Candidates Grounds for Substitution: (1) Death (2) Disqualification (3) Withdrawal of another Qualifications of the Substitute (1) He must belong to the same political party of the substituted candidate (2) He must be nominated by the same political party When to file for Substitution Not later than mid-day of the day of the election Where to File (1) With any board of inspectors in the political subdivision where he (substituting candidate) is a candidate (2) With the COMELEC, in case of national candidates (President, Vice President, Senators, Party List) Q: Martin de Guzman, a candidate for mayor, died 3 days before the election. Can his wife substitute him? A: It depends. Under S77, only a candidate belonging to the same political party may be substituted. By implication, an independent or those who do not belong to any political party may not be validly substituted because nobody will qualify. Appreciation of Ballots for the Substitute Candidate GR: In case of a valid substitution, the votes cast for the substituted candidate shall be considered stray votes. Exception: If the substituted and substituting candidates have the same family name, the voted shall be counted in favor of the substituting candidate. (S12, RA 9006) Miranda v. Abaya

Mayor Miranda of Santiago City, Isabela already served 3 consecutive terms. Santiago City was converted into an independent component city. Mayor Miranda files a CEC for the next elections. A decision was rendered against his favor as he was deemed not qualified. He was substituted by Joel Miranda. This was challenged by Abaya, a candidate for the same position. Twist: COMELEC cancelled the CEC SC said that there was no valid substitution. A person to be validly substituted MUST FIRST BE A CANDIDATE. If one does not have a CEC as it was cancelled, he is not a candidate and therefore cannot be validly substituted. If Joel has all the qualifications, can he not be considered a candidate on his own right? SC said that he cannot. His CEC to substitute Mayor Miranda was filed out of time. Should Abaya be declared Mayor? No. The crown victory cannot be transferred to the repudiated loser. The loser was not the choice of the people. Q: Who will now assume the position of Mayorship? A: Following the rule on succession, it is the Vice-Mayor. Related to Miranda is the case of Afiado v. COMELEC The recall assembly of Santiago City filed a petition to recall VM Navarro. Pending recall proceedings, the decision of Miranda v. COMELEC was promulgated. The position of Mayor was vacated. VM Navarro succeeded as Mayor. Can the recall election still proceed? SC said no, recall can no longer proceed. The intention was to recall Navarro as Vice Mayor and not as Mayor. Labo Doctrine. The thrust is what to do with the votes cast for a disqualified candidate. Should they be considered as stray votes? SC: No! That would disenfranchise the majority. The votes cast for the disqualified are not stray votes they are valid votes only that the candidate was later on found to be disqualified. It would have been different if his disqualification was so apparent, so notorious, so much so that the people, notwithstanding that they knew him to be disqualified, they still voted for him in which case the votes cast for him shall be considered as protest votes. Protest votes are considered as stray votes. But not in this case, where the people of Baguio voted for Labo only to find out that he is disqualified. You cannot apply Labo Doctrine in Party-List because of S10, RA 7941 Cayat v. Comelec FACTS: Rev. Fr. Nardo Cayat ran for Mayor. Palileng, his opponent, found out that Cayat, before the elections, was previously convicted of acts of lasciviousness although he was granted probation. His candidacy was then questioned in a disqualification case invoking S40 of the LGC. (Disqualification The following persons are disqualified from running for any elective local position: (a) those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within (2) years after serving sentence ; xxx) . COMELEC disqualified Cayat on the ground of conviction of an offense involving moral turpitude. However, Cayat alleged that he did not receive a copy of the judgment. That decision disqualifying Cayat became final even 2 weeks before the election. Still, Cayat won in the election. Palileng claimed that since Cayat is disqualified, he should be the one proclaimed. SC: The Court agreed and did not apply the doctrine of the rejection of the second placer. The one who obtained the second highest number of votes was the one actually proclaimed. This is very peculiar because here, there is only one candidate. Since Cayat was disqualified, it is as if he is not a candidate. Hence, there is no second placer here. The doctrine of the rejection of second placer is not applicable because of S6 of RA 6646. Also, under S6, RA 6646 (Electoral Reform Law of 1987 Effect of disqualification) which contemplates of 2 situations, it is the 1st sentence which applies to Cayat. He was declared by final judgment, to be disqualified because

the decision attained finality even 2 weeks before the election. He shall therefore not be voted for and the votes cast for him shall not be counted. The 2nd sentence contemplates that there was a disqualification case filed before the COMELEC but for whatever reason, COMELEC was not able to render a decision before the election and such candidate won in the election, in which case, the court or Commission shall continue with the trial and hearing of the election, inquiry or protest. Prohibited Activities During Election Period (1) Construction of public highways/ public works (2) Public employment, appointment Disqualifications/Remedies Before Election Any disqualification filed before the election, whether pursuant to S68, S69 and S78 of OEC, the jurisdiction is with the COMELEC

(1) Disqualifications. - Any candidate who, in an action or protest in which he is a party is declared by final decision
of a competent court guilty of, or found by the Commission of having:

(a) given money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions;

(b) committed acts of terrorism to enhance his candidacy; (Acts of Terrorism) (c) spent in his election campaign an amount in excess of that allowed by this Code; (Over Spending) (d) solicited, received or made any contribution prohibited under S89, S95, S96, S97 and S104; or (e) violated any of S80, S83, S85, S86 and S261, par. d,e, k, v, and cc, subparagraph 6, shall be disqualified from
continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. (S68, OEC) Violation of election laws is without prejudice to the filing of criminal action.

(2) Nuisance candidates. - The Commission may motu proprio or upon a verified petition of an interested party

refuse to give due course to or cancel a certificate of candidacy if the candidate is a nuisance candidate. (S69, OEC)

Q: Who is Nuisance Candidate? A: A nuisance candidate is a candidate who has no bona fide intention to run, and only files CEC to mock election process or cause disrepute and confusion among the voters by the similarity of names of registered candidate. *COMELEC may motu proprio or upon petition of interested party cancel or refuse to accept CEC of nuisance candidate. Period to file a petition: Within 5 days from the last day of filing of the certificate of candidacy assuming that COMELEC did not act motu proprio.

(3) Petition to deny due course to or cancel a certificate of candidacy. - A verified petition seeking to deny due course

or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under S74 hereof is false. The petition may filed at any time not later than 25 days from the time of filing CEC and shall be decided after due hearing and notice, not later than 15 days before the election. (S78, OEC)

Period to file a petition Within 25 days from the time the candidate filed his certificate of candidacy/ from the date the candidate alleged to have made misrepresentation in the COC filed.

Loong v. COMELEC. Loong was a candidate for Vice-Governor in ARMM. There was an election held but there was yet no proclamation. Eventually, it was found out that Loong was still underage. Can the petition to disqualify Loong on the ground of material misrepresentation prosper? SC: No. The petition was filed out of time. The disqualification case under S78 should be filed within 25 days from the date the candidate who made the misrepresentation filed his certificate of candidacy, not on the date of discovery. The 25-day period is mandatory and jurisdictional requirement of the law. Q: What then is the remedy? A: There is a GAP in the law, which must be addressed by Congress. Material misrepresentation refers to the QUALIFICATIONS of the elective official for the elective office and NOT to any innocuous mistake. There must be a deliberate intent to deceive the people to ones qualification for public office. (Salcedo v. COMELEC) Tecson v. COMELEC A disqualification case was filed against FPJ in accordance with S78 on the ground of material representation as to the citizenship. SC: There was no material misrepresentation. The misrepresentation must not only be material. There must also be a deliberate intent to mislead or deceive as to ones qualification to public office. Effect of Disqualification Case Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong. (S6, RA 6646) Romualdez-Marcos v. Comelec. There was yet no proclamation; hence, not yet a member of the HOR. COMELEC still has jurisdiction. Effect of Disqualification Case not Decided before the Elections S6 of Electoral Reform Law of 1987, the COMELEC shall continue to exercise jurisdiction. Correlate this with HRET jurisdiction

But once a candidate has been proclaimed winner, has taken his oath, and has started to discharge the duties as a member of Congress, the COMELEC shall dismiss the disqualification case, in recognition of the boundaries of jurisdiction between HRET and the COMELEC. Election Proper Election starts 7 am to 3pm Board of Election Inspectors (BEI) Election Process 1. After 3 pm, the counting begins

2. From various voting centers, Election Returns (ER) will be prepared to be prepared by the BEI.
These will contain the individual votes of candidates, entered in words and figures. These will be sent to the Municipality/City Board of Canvassers who will canvass the ER. Each ER represent one voting center, which will be transmitted to Municipal/City Board of Canvassers.

3.

The Municipal/City Board of Canvassers canvasses the ER. It will proclaim the municipal official winners.

Certificate of Canvass (COC) will be prepared, which will be transmitted to Provincial Board of Canvassers. Each COC represents one municipality/city. 4. The Provincial Board of Canvassers will canvass the COC and proclaim the winning provincial official, these includes winners for members of House of Representatives. National Certificate of Canvass (NCC) will be prepared, which will be transported to COMELEC for the counting of votes for Senatorial candidates and to the Congress for canvassing of votes of President and Vice President. Note: It is the ministerial duty of the Board of Canvassers (BOC) to proclaim the winning candidates. Once declared, the BOC has performed its last official function. It will thus become FUNCTUS OFFICIO. It may not validly reconvene motu propio, only through COMELEC order. Remedies in Pre-Proclamation Case Q: After election, but before proclamation, what is the remedy? A: Pre-proclamation case. But this presupposes that there was election Q: After proclamation, what are the remedies? A: (1) Election Protest; and, (2) Quo Warranto In pre-proclamation cases, the governing provisions are S241, S242, S243 OEC A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under S233, S234, S235 and S236 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns [prat-c]. (S241, OEC) Exclusive jurisdiction: with the COMELEC Commission's exclusive jurisdiction of all pre-proclamation controversies The Commission shall have exclusive jurisdiction of all pre-proclamation controversies. It may motu proprio or upon written petition, and after due notice and hearing, order the partial or total suspension of the proclamation of any candidate-elect or annual partially or totally any proclamation, if one has been made, as the evidence shall warrant in accordance with the succeeding sections. (S242, OEC) Issues that may be raised in pre-proclamation controversy - The following shall be proper issues that may be raised in a pre-proclamation controversy: (a) Illegal composition or proceedings of the board of canvassers; (b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in S233, S234, S235 and S236 of this Code; (c) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and (d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates. S243, OEC refers to issues that may ne raised in a pre-proclamation controversy. There are 4 grounds, which can be summarized into 2: (1) illegality in the composition of proceedings of the BOC a (2) illegality in the preparation, transmission, receipt, custody, or appreciation of election returns b, c, d (S243,OEC) Q: While the canvassing of votes was on-going, the lights rent out, and armed persons changes the ballot boxes. This is a case of ballot switching. Will this fall under pre-proclamation protest? A: No. It does not involve prat-c, but this is a ground for election protest.

Q: What is the ER were prepared under duress, violence, threat or COC were manufactured? This will fall under prat-c and is a ground for pre-proclamation protest. Doctrine of Statistical Improbability Velayo v. COMELEC The bare fact that a candidate for a public office received zero votes or two precincts cannot adequately support a finding that the subject ER are statistically improbable. The doctrine of statistical improbability is viewed strictly. Q: A watcher saw something objectionable in the canvassing and preparation of the ER, as in cases of doctrine of statistical improbability. What should he do? A: He must first object and make a manifestation. If ignored, make a pre-proclamation protest within 24 hours. Note: No pre-proclamation controversies in barangay elections. In case of Congressman, VP, President, the only ground is illegality of composition of BOC. Pre-proclamation Cases Not Allowed in Elections for President Vice-President, Senator, and Member of the House of Representatives - For purposes of the elections for President, Vice-President, Senator and Member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass, as the case may be. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it. Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission in accordance with S19 hereof. Any objection on the election returns before the city or municipal board of canvassers, or on the municipal certificates of canvass before the provincial board of canvassers or district boards of canvassers in Metro Manila Area, shall be specifically noticed in the minutes of their respective proceedings. For purposes of election of (1) President (2) Vice-President (3) Senators (4) House of Representatives There can be no pre-proclamation case on matters relating to transmission, custody of election returns; the only issue that can be raised illegality of the composition or proceeding of the Board of Canvassers. Therefore, there can only be a pre-proclamation case on the following: (1) Municipal officials (2) City officials (3) Provincial officials Autonomous officials. (S15, RA 7166) Failure of Election. If, on account of force majeure, violence, terrorism, fraud, or other analogous causes the election in any polling place has not been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than 30 days after the cessation of the cause of such postponement or suspension of the election or failure to elect. (S6, OEC) Grounds for Failure of Election (1) Force majeure (2) Violence (3) Terrorism (4) Fraud

(5) Analogous Causes Situations (1) No election. The election in any polling place has not been held on the date fixed on account of FVTFA (2) Election is suspended. The election in any polling place has been suspended before the hour fixed by law for the closing of the voting on account of FVTFA (3) There is a failure to elect. After the voting and during the preparation and transmission of the election returns or to the custody or canvass thereof, such election results in a failure to elect on account of FVTFA; nobody emerged as winner **When such consequences would affect the result of the election. Q: What should be filed? A: A verified petition by any interested party. Q: What are the 2 conditions that must concur before the COMELEC can act on a verified petition seeking to declare a failure of election? A: (1) no voting took place in the precinct; and, (2) on the date fixed by law or even if there was voting, the election resulted in a failure to elect. Q: Where to file a petition to declare a failure of election? A: COMELEC EN BANC. The majority of the Commission may grant the petition and schedule special election in areas affected. Postponement, Failure of election and Special Elections The postponement, declaration of failure of election and the calling of special elections as provided in S5, S6, and S7 of the OEC shall be decided by the Commission sitting en banc by a majority vote of its Members. The causes for the declaration of a failure of election may occur before or after the casting of votes or n the day of the election xxx (S4, RA 7166) Banaga v. COMELEC. Failure of election is the same with petition to annul election returns GR: xxx All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc. (AIX-C, S3) Exception: A petition to declare a failure of election shall be heard by the COMELEC en banc. Pre-Proclamation v. Failure of Election. In pre-proclamation, there is actually an election that took place. In failure of election, there was no election at all or it was suspended or there was a failure to elect. Mitmug v. COMELEC. There were 3 candidates for mayor. The total registered voters is 10, 000. Only 3,000 voted. There was a low turn out of voters. A petition was filed to declare a failure of election. SC: The petition cannot be granted. There was an election that took place. The law does not require the majority of voters to cast their votes. There can only be a failure of election if the will of the people is defiled and cannot be determined. Proclamation Q: Who proclaims the winner? A: (1) Board of Canvassers (2) President, Vice-President Elections: Congress acting as Board of Canvassers (3) Senators: COMELEC (4) Congressman: Lone Congressional district Provincial BOC; Several districts District BOC It is the ministerial duty of the BOC to proclaim the winning candidate. It has no discretion whether to proclaim or not. After the last official act, which is the proclamation, the BOC becomes functus officio and may not validly reconvene motu proprio. However, when the COMELEC ordered the reconveyance of the BOC, it may.

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Post-Election Remedies Who may file Issue Effect Decision of Election Protest Candidate for the same position Who really won (determination of real choice of electorate) If the protestant wins, he shall be proclaimed and shall replace the previously proclaimed winner. E.g. coercion, terrorism, ballot box switching, vote buying Jurisdiction President/VP SC en banc, acting as Presidential Electoral Tribunal (AVII, S4[7]) sole judge No appeal, only MR Members of the Congress Senators Congressmen Governor/Vice-Governor Regional/Provincial/City Elective Municipal Official Senate Electoral Tribunal HR Electoral Tribunal (AVI, S17) No appeal or R65 (SCA on Certiorari) COMELEC - Original (AIX-C, S2[2]) SC Appellate COMELEC Original SC Appellate RTC Original (trial courts of general jurisdiction) COMELEC Appellate (AIX-C, S2[2]) MTC Original (trial courts of limited jurisdiction) COMELEC Appellate EP or QW 15 days after proclamation 10 days after proclamation 10 days from proclamation EP: 30 days from proclamation QW: 10 days from proclamation Quo Warranto Any registered voter Whether or not the candidate is disqualified (Ineligibility of Candidate) If the winning candidate is disqualified, he shall be removed and automatic succession shall apply unless what is removed is not a local elective official, in which case, the position shall be declared vacant, until there is a special election to fill the vacancy. E.g. Citizenship, residence, disloyalty to Republic of the Philippines

Elective Barangay Official

These periods are MANDATORY, but they may be extended of grounds relied upon by the petition is: Lack of citizenship of proclaimed candidates Disloyalty to the Republic Dumayas v. COMELEC Election Protest is a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots or in the preparation of returns. It resolves the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office. Quo warranto raises in issue the disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the respondent from office but not necessarily to install the petitioner in his place. An election protest is a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns. It raises the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office. Reyes v. RTC of Oriental Mindoro. From the decision of the COMELEC, file first a motion for reconsideration. It is only the decision of COMELEC EN BANC that is reviewable by the SC. Tecson v. COMELEC

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Before the election, a petition was filed on the ground of material misrepresentation. COMELEC dismissed the petition. TECSON et. al. argued that the jurisdiction is with the SC. SC: Contest refers to post-election scenario and not pre-election scenario. It shall consist of either an election protest or quo warranto which are 2 distinct remedies but with one objective, to unseat winning candidate. SC has jurisdiction over election contests of President/Vice-President and NOT candidates. It does NOT include a petition qualifying a candidate for President/Vice-President. SC is the sole judge for President/Vice-President and NOT over candidates for President/Vice-President. Hence, the action was dismissed for lack of jurisdiction and prematurity. election returns refers to election protest qualification refers to quo warranto Galido v. COMELEC. Notwithstanding the finality of COMELECs decision, the parties are NOT precluded from filing a petition for certiorari with the SC. Effect of Death of a Party Q: What is the effect of death of a party in an election protest? Should it warrant the dismissal of the protest? A: The death of the protestant neither constitutes a ground for the dismissal of the contest not ousts the trial court of its jurisdiction to decide the election contest. An election protest involves both the private interests of the rival candidates and the public interest in the final determination of the real choice of the electorate, and for this reason, an election contest necessarily survives the death of the protestant or the protestee. But while the right to public office is personal and exclusive to the public officer, an election protest is not purely personal and exclusive to the protestant or to the protestee such that after the death of either would oust the court of all authority to continue the protest proceedings. An election contest, after all, involves not merely conflicting private aspirations but is imbued with paramount public interests. (De Castro v. COMELEC) Counter-Protest available to a winning candidate if his election is protested. A remedy available to a duly proclaimed winner in order to protect ones lead. Allege also the precinct where your opponent cheated. Kho v. COMELEC. Counter protest must be filed within 5 days from receipt of the copy of the protest. The period is not only mandatory but also jurisdictional. It partake the nature of a counterclaim (in a civil action and may be presented as part of the answer within the time he is required to file protest, unless a motion for extension is granted). So that the court is ousted of jurisdiction to entertain a counter protest belatedly filed. If a counter protest was belatedly filed, but was erroneously admitted, the remedy is to file a motion to expunge the counter protest from the records. If not expunged from the record, file a petition for certiorari under R65. Tribunal: Where the protest is file Election Offense Q: Who has jurisdiction over election offenses? A: RTC, except in cases where there is failure to register to vote which shall be under the MTC. Jurisdiction of courts The RTC shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases. (S268, OEC) Q: Who shall prosecute election offenses? A: COMELEC not the fiscal unless the latter is deputized by the COMELEC. Q: In case of public official, should COMELEC still prosecute? A: COMELEC can still prosecute. It is not the personality of the accused but the nature of the offense. Inclusion/Exclusion Proceedings within the jurisdiction of MTC appealable to RTC RTC decision is not appealable

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When Election Protest Becomes Moot. Defensor Santiago filed an Election Protest. Subsequently, she ran for Senator and won. She abandoned her protest when she ran for an office different from that of the President. Rules on Appreciation of Ballots (1) GENERAL RULE After the elections, the liberal interpretation rule shall be applied. IN CASE OF DOUBT, the rule in favor of the vote being valid as to give effect to the will of the electorate shall be followed. (2) EQUITY OF INCUMBENT RULE 2 or more candidates running for the same office, they bear the same first name, surname or both and the voter in his ballot wrote only either of the 2, the vote shall be appreciated in favor of the incumbent. If neither of them is incumbent, the votes shall be considered stray votes. (3) IDEM SONANS RULE or SAME SOUNDS RULE If the name of the candidate is misspelled by the voter, for as long as when it is pronounced, it sounds like the name of the candidate, the vote is counted in the latters favor UNLESS it can be considered as marking, in which case the entire ballot is invalid. (4) DESCRIPTIO PERSONAE rule is the same in idem sonans rule.

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